New York State Court Interesting Ruling on Voters who Own Two Homes

On October 23, the New York State Supreme Court, Appellate Division (3rd department) ruled that when voters own two homes, they are free to choose which one to use as their voting residence. Here is the decision, Willkie v Delaware County Board of Elections, no. 504004. Thank to Bill Van Allen for the link.


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New York State Court Interesting Ruling on Voters who Own Two Homes — 1 Comment

  1. Here is the URL of an advocacy group in Bovina.

    http://www.allianceforbovina.org

    Bovina is north of the Catskills roughly 150 miles from New York City, where most of the plaintiffs work and maintain another residence. (I’m sure you didn’t mean that home ownership had anything to do with the right to vote).

    The election that triggered the suit was in March 2007 in which the town passed a zoning ordinance outlawing wind turbines. 136 votes were cast, and 42 were subsequently challenged. 8 voters took the case to court – I couldn’t find out what happened to the other 34. In some of the cases, the plaintiffs had been voting in Bovina for a decade or more.

    In the next town election in November 2007, 355 persons voted, so evidently the original controversy had triggered renewed interest in town politics. At that time, there had just been a lower court ruling in favor of the plaintiffs, but it is unclear if they had been permitted to vote. The decision in October 2008 was the appeal of that decision.

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